Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-07-30

WASHINGTON, July 20.--Thc interstate
commission to-day dismissed the following
cases: Chicago and Alton against the Penn
sylvania, and Rock Island against the New
York Central, r. d. Hardin against the Chi
cago, st. Paul, Minneapolis and Omaha, and
NJ. N. Fulton against the same, both for al.
legged determination on rates.
The cases Of the Alton and Rock Island
roads dismissed are the noted complaints Of
those companies against the Pennsylvania
and New York Central roads respectively, for
discrimination In the boycott" against COM
claimants because OF their refusal to subscribe
to the agreement Of trunk lines not to pay
commission TO ticket agents. This boycott"
conslstt d OF refusal on the part OF defendant
to sell through tickets over cCn claimants
roads from Chicago 10 Kansas City and st.
Louis. The decision OF the commissioners
c.,S: In part, after detailing the circUm-
stances OF the case at great length, OF the
offenses of which ii has cogniZauce or any
thing done ia contraventiOn OF the provisions
OF the act TO regulate commerce. The law in
this instance does not In terms require one
railroad company 90 sell through tickets over
the road OF another company. In the alb
sence OF statutory authority, one road can
only sell tickets and check baggage over
another by mutual agreement. II the com.
panies can agree upon this they have the right
TO do go, anu by this agreement become inter
state carriers, but If they cannot agree the
act does not undertake 10 coerce them. As
suming for the sake Of argument that
through tickets may be deemed facilities"
fer receiving, forwarding and the deiiverance
Of pas 10 connecting lines, carriers are
ONLY r. qnir ed to afford reasonable, proper and
equal facilities. This I~r1sents the question
,r,nthnr tha va na,t ff An,niGoin, iC In
! itself or, MS incidental 10 the eu1oy ment of
facility reasonable and lroper within
the lew of the statute. Tue COM
missions are grstuities 10 induce spe-
cial efforts for the company paying
them. II the statute does not give one
compauy authority 10 subsid u tn agents OF
another ON any, and 4 the practice Is In
furious In its etfCc 5, It certainly cannot be
reasonable and proper. The statue does not
divest a railroad c mpany OF exclusive right
to control its own internal affairs, 10 employ
its OWE agents, To res ulate their duties, COM
peusation, &c. With legitimate exercise Of
these powers another company has nocOnCcrn
and 20 right to intrrmeddle. The dependent
companies hayt forbidden their agents 10 re-
ceiye COMMUNIST rs from the cCmpsIias and
directed them not to sell over the roads Of
the companies that refuse to rtc )gutZe this
corporate authority. but !nsist upon sUbsi-
uiztug agents. In dir, ctions the defendant
have not transcribed their reasonafl lie rights
They might rest upon these rights,
but they 60 further and show hy tv.-
deuce the ~ract.cal Effects OF comm 5 'ions,
and that their natural AID usual ten
denci>s are 10 a variety OF abuses. The prec-
tice Is capable OF producing, and having the
tendency to pr reduce such results, cannot be
reasonable or proper. and a railroad company
is fully justified In the use OF all lawful pre-,
cautions TO protect Itself and its agent
.gainst such Invasion of its corporate autho.
ritv and its business morality.
The cases OF Halding and Fulton against
the Omaha" road were dismissed on the
ground that the company hat reduced the
rates complained OF since thecomplaints were
made, and that there Is, therefore, no evi
dence to show that present rates are exces.
siye.